Rice v. Merritt

DUNCAN, Justice.

The lower court denied specific performance of a contract for the conveyance of an apartment house in Winchester. The action was against the appellees, R. W. Merritt, the former owner of the property involved, and The Winchester Bank, which subsequently acquired title at a judicial sale with knowledge of the agreement sought to be erfforced.

Prior to April 10, 1948, appellee Merritt was indebted to the bank in the sum of $18,000, which was secured by a mortgage *379on the property here involved and another house and lot. The bank had filed a suit for foreclosure of its mortgage and…